Terms and conditions
IMPORTANT – THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” or “YOUR”) AND NEW SHIFTS SERVICES FZE-LLC (HEREINAFTER “NEW SHIFTS,” “WE”, “US” OR “OUR”) THAT sets forth the legal terms and conditions for your use of www.newshifts.com and any other website owned and operated by New Shifts (the “Website(s)”) and New Shifts services, including any software, NEW SHIFTS mobile applications (the “APP(s)”) or other services offered by New Shifts from time to time and other PRODUCTS OR services offered BY third parties USING New Shifts functionality (collectively, “Service(s)”).
BY USING ANY WEBSITES OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT in section 14 below. Some of our services MAY have additional RULES, POLICIES, AND PROCEDURES (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through IN CONNECTION WITH your use of that service. By using that service, you agree to the Additional Terms. WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY NEW SHIFTS AT ANY TIME. WE encourage YOU to check the this Agreement from time to time to see if IT HAS been updated. BY CONTINUING TO — USE ANY WEBSITES OR SERVICES FROM NEW SHIFTS AFTER the NEW EFFECTIVE date, WHICH IS INDICATED ABOVE, YOU AGREE TO BE BOUND BY SUCH CHANGES. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
2. Service Description/Account Creation/Eligibility
New Shifts provides an online platform that allows its registered users (“Users”) to create anonymous profiles, describing themselves, what kind of temporary engagement they are looking for, what they have to offer as value during those engagements and the time commitment they are interested to give. Upon confirmation of a mutual interest between two users, the name and contact details are provided to the two users who have confirmed their interest in each other by requesting to unlock the profile of the counterpart. As a user of the Services, you agree to provide us with complete and accurate information. YOU UNDERSTAND AND AGREE THAT NEW SHIFTS HAS NO CONTROL OVER THE CONDUCT OF ITS — USERS AFTER THE NAME AND THE CONTACT DETAILS ARE PROVIDED TO THOSE TWO — USERS AND YOU HEREBY AGREE TO RELEASE NEW SHIFTS FROM ALL LIABILITY ARISING OUT OF OR RELATED TO ANY ACTIONS OR INACTION OF — USERS. In connection with setting up your account with New Shifts, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your account and agree to be responsible for maintaining the security of your password and user identification. You may be able to log in to your New Shifts account by logging into your account with certain third party social networking sites (“SNS”) (e.g. LinkedIn, Facebook), each a “Third Party Account”. As part of the functionality of the Services, you may link your account with New Shifts with your Third Party Accounts, by either: (i) providing your Third Party Account login information to New Shifts; or (ii) allowing New Shifts to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to New Shifts and/or grant New Shifts access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating New Shifts to pay any fees or making New Shifts subject to any usage limitations imposed by such third party service providers. By granting New Shifts access to any Third Party Accounts, you understand that New Shifts may access, and you hereby grant New Shifts the right to use, content that you have provided to and stored in your Third Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.The cardholder must retain a copy of transaction records and Merchant policies and rules. New Shifts will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE. There are no refunds if you match and don’t make an engagement with another user. The fee is for the user to open the conversation and expand their network. Refunds may only be applicable in certain unforeseen situations, such as technical errors which might lead to a double charge. Refunds will be done only through the Original Mode of Payment.
3. Acceptable Use
You are responsible for your use of the Websites and Services, and for any use of the Websites and Services made using your account. Our goal is to create a positive experience in connection with our Websites and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to New Shifts. When you use the Websites and Services, you may not:
– violate any law or regulation;
– breach any agreements you have entered into with any third parties, including any binding confidentiality, non-disclosure or contractual obligations you might have towards a current or former employer or any potential employer ;
– violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
– post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
– send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 9 below);
– transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
– stalk, harass, or harm another individual;
– impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
– use any means to scrape or crawl any Web pages or content contained in the Websites (although New Shifts may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and New Shifts reserves the right to revoke these exceptions either generally or in specific cases);
– use automated methods to use the Websites;
– attempt to circumvent any technological measure implemented by New Shifts or any of New Shifts’s providers or any other third party (including another user) to protect the Websites;
– attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
– advocate, encourage, or assist any third party in doing any of the foregoing.
4. Ownership & Copyright Restrictions
The Websites are owned and operated by New Shifts. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are copyrighted under U.Sapplicable. copyright and other laws by New Shifts or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any legal or proprietary notices in the Websites or elsewhere. Except as noted in Section 5 below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of any webpage or Services provided by New Shifts, including redistribution or copying by means; EXCEPT with the prior, express written permission of New Shifts. You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites. New Shifts reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under New Shifts’ and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, New Shifts may revoke any of the foregoing rights and/or your access to the Websites and Services or any part thereof, at any time without prior notice.
5. Copyright Permission/Content License
Permission is granted for viewing the Website pages on the Internet
subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by New Shifts and New Shifts retains complete title to the information and all property rights therein. All other rights are reserved. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). By making available any of Your Materials on or through the Services, you hereby grant to New Shifts a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and otherwise use Your Materials on, through or by means of the Services. New Shifts does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to New Shifts the rights in Your Materials, as contemplated under this Agreement; and (ii) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or New Shifts’ use of Your Materials (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All Content, product names, trademarks, service marks and logos on the Websites or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by New Shifts. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
7. Idea Submissions
If you submit any ideas, suggestions or testimonials to New Shifts, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit New Shifts to use such material without restriction.
9. Anti-Spam Policy
New Shifts prohibits the sending of unsolicited bulk email or text messages (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. New Shifts also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with New Shifts, and/or any products and services. New Shifts prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO NEW SHIFTS’ SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
NEW SHIFTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR — USEFULNESS WITH RESPECT TO THE SERVICES NOR TO THE COMPATIBILITY OF THE SERVICES WITH THE LAWS OF ANY JURISDICTION. NEW SHIFTS ACCEPTS NO LIABILITY FOR YOUR FAILURE TO COMPLY WITH THE APPLICABLE LAWS OF ANY JURISDICTION AND ENCOURAGES YOU TO SEEK LEGAL ADVICE IN THE EVENT OF ANY CONCERNS YOU HAVE WITH REGARDS TO SUCH COMPLIANCE. THE SERVICES ARE PROVIDED “AS IS.” YOU RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR — USE OF THE WEBSITES OR THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIR– USES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE
SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
11. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT NEW SHIFTS, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR — USE OF THE WEBSITES OR YOUR — USE OF THE SERVICES. THE CUMULATIVE LIABILITY OF NEW SHIFTS, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR — USE OF THE WEBSITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CA– USE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT RECEIVED BY NEW SHIFTS FROM YOU (IF ANY) DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth HEREin form an essential basis of the agreement between the parties HERETO, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NEW SHIFTS, ITS AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR — USE OF THE WEBSITES OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S — USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
13. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the United Arab Emirates without regard to any conflict of laws principles.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
14. Dispute Resolution/ Arbitration Agreement
You and New Shifts agree to resolve any disputes between us in accordance with this Section 14. If you have any dispute with New Shifts, please contact New Shifts using the contact information provided herein. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and New Shifts agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings.
All controversies, claims, counterclaims, or other disputes arising between you and New Shifts relating to the Services or this Agreement (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of Small Claims Tribunal (“the SCT”) of the DIFC Courts. The SCT will hear and determine claims within the jurisdiction of the DIFC Courts and as per the laws as set out on the web page with this address:http://difccourts.ae/rules-2/part-53/.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement or your access to the Services, and (b) deactivate or cancel your NewShifts account. In the event NewShifts terminates this Agreement or your access to the Services or deactivates or cancels your NewShifts account, you will remain liable for all amounts due
hereunder (if any). You may cancel your NewShifts account at any time by contacting us at the address provided below. Please note that if your NewShifts account is cancelled, we do not have any obligation to delete or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or feedback.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by New Shifts without restriction.
United Arab of Emirates is our country of domicile.
You may contact us using the address, email address or phone number listed
New Shifts Services FZE-LLC
Boutique office 7
Dubai – UAE
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
New Shifts Services FZE-LLC Terms and Conditions
16 July 2017